IT Act 2000
Cyber Laws & IT Act 2000, 2008
CYBER LAW
The computer-generated world of internet is known as cyberspace and the laws prevailing this area are known as Cyber laws and all the users of this space come under the ambit of these laws as it carries a kind of worldwide jurisdiction.
Cyber law can also be described as that branch of law that deals with legal issues related to use of inter-networked information technology.
In short, cyber law is the law governing computers and the internet.
IMPORTANCE OF CYBER LAW
Cyber laws is important because:-
It prevent or reduce large scale damage from cybercriminal activities by protecting information access, privacy, communications, intellectual property (IP) and freedom of speech related to the use of the Internet, websites, email, computers, cell phones, software and hardware, such as data storage devices.
As Internet traffic is increases day by day and it also increase proportion of legal issues world wide.
Indian IT ACT (Information Technology Act)
The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000.
It is the primary law in India dealing with cybercrime and electronic commerce.
It is based on the UNCITRAL Model Law on International Commercial Arbitration recommended by the General Assembly of United Nations by a resolution dated 30 January 1997.
Features of IT Act 2000
Digital signature has been replaced with electronic signature to make it a more technology neutral act.
It elaborates on offenses, penalties, and breaches.
It outlines the Justice Dispensation Systems for cyber-crimes.
The Information Technology Act defines in a new section that cyber café is any facility from where the access to the internet is offered by any person in the ordinary course of business to the members of the public.
It provides for the constitution of the Cyber Regulations Advisory Committee.
The Information Technology Act is based on The Indian Penal Code, 1860, The Indian Evidence Act, 1872, The Bankers’ Books Evidence Act, 1891, The Reserve Bank of India Act, 1934, etc.
It adds a provision to Section 81, which states that the provisions of the Act shall have overriding effect. The provision states that nothing contained in the Act shall restrict any person from exercising any right conferred under the Copyright Act, 1957.
IT Amendments Act 2008
The IT Act 2000 was amended in December 2008 through IT (Amendment) Act 2008.
It mainly focuses on Information Security, Cyber Terrorism, and Data Protection.
IT Amendment Act 2008, came into force from October 27, 2009.
Major Amendments
Authentication of e-records by digital signatures becomes legal.
E-documents becomes legal.
Maximum penalty amount is Rs. 1 crore in case of any damage to computes or computer systems.
The Indian Penal Code, 1860, The Indian Evidence Act, 1872, The Bankers’ Books Evidence Act, 1891, The Reserve Bank of India Act, 1934 were amended to align them with the IT Act.